Case Details

Citation(s)
1980 SLG 233 1980 SLD 233 1980 SCMR 287
Supreme Court of Pakistan
Civil Review Petition No. 1 R of 1977 in Civil Petition for Special Leave to Appeal No. 576 of 1974, decision dated: 1st October, 1979. (On appeal from the order of the Supreme Court dated 22 11 76 in C. P. S. L. A. No. 576 of 1974).
DORAB PATEL, ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
Ch. Abdur Rahman, Bar at law, Advocate Supreme Court instructed by Ch. Akhtar Ali, Advocate on-Record. Nemo.

Mst. JANAT

VS

DAULAT KHAN AND ANOTHER

Law:

Section:

Constitution of Pakistan (1973) --- - Art. 188 Petition for special leave to appeal against order of High Court maintaining allotment of land to informant under Settlement Law already dismissed No patent error on face of record found Petition for review dismissed Supreme Court Rules, 1956, O. XXVI. [Review]. ORDER NASIM HASAN SHAH, J. This is a petition for review directed against the judgment of this Court dated 22nd November, 1976 whereby leave was refused in C. P. S. L. A. No. 576 of 1974. Facts which form background are that Ghaus Bakhsh and Mehdi Khan sons of the petitioner (Mst. Jannat) were allotted some land in Chak No. 152/GB, Tehsil Toba Tek Singh, District Lyallpur, sometime in April, 1964, in lieu of the verified claim of their father Munshi Khan, who had since died. It appears that Mst. Jannat (the petitioner herein) and widow of Munshi Khan had also got an independent claim equivalent to 307 units in lieu of which she did not obtain any allotment. The respondent No. 1, Daulat Khan, lodged an information before the Deputy Settlement Commissioner against the sons of Munshi Khan alleging that the allotment obtained by them was in excess of their due entitlement. The Deputy Settlement Commissioner (Land) vide his order dated 28th April, 1965 found that this information correct in that land equivalent to 314 P. 1. Units had been allotted in favour of the sons of Munshi Khan in excess of their due entitlement. Treating the said Daulat Khan as an informant in this regard a direction was issued that a proposal be made for allotment of the excess land in his favour. This order of the Deputy Settlement Commissioner was not challenged by the sons of Munshi Khan. However, their mother (the petitioner herein) moved a miscellaneous application before the Deputy Settlement Commissioner that the land in possession of her sons which was found to be in excess of their entitlement be allotted to her against her pending claim of 307 P. I. Units. The Deputy Settlement Commissioner vide his order dated 13th May, 1965 accepted this plea and directed the allotment of the land in her favour notwithstanding the earlier order dated 28th April, 1965. Daulat Kha;; filed an…
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